| (a) The committee may be authorized by the commission to conduct
administrative hearings or recommend the entry of final orders by the commission,
or both, in contested cases regarding:
(1) professional inspectors, real estate inspectors, or apprentice
inspectors who are alleged to have violated a provision of Texas Civil Statutes,
Article 6573a, (the Act), §23 or a rule of the commission;
(2) persons whose applications for licensing as professional
inspectors, real estate inspectors or as apprentice inspectors have been initially
denied by the commission on a ground relating to the applicant's honesty,
trustworthiness and integrity; and
(3) professional inspectors, real estate inspectors, or apprentice
inspectors who have been convicted of a criminal offense listed in §541.1
of this title (relating to Criminal Offense Guidelines).
(b) If the committee determines after a hearing that disciplinary
action is warranted, the committee may recommend that the commission issue
a reprimand, or suspend or revoke a license. The committee may recommend that
an order of suspension or revocation be probated in whole or in part by the
commission or that the probation be subject to reasonable terms and conditions
in the manner contemplated by the Act, §15B(d). The committee may recommend
that the commission enter a final order denying a license or that a probationary
license be issued in the manner contemplated by §535.94 of this title
(relating to Hearing on Application Disapproval; Probationary License).
(c) Proceedings before the committee shall be conducted by
the committee in the manner contemplated by §§535.31-533.39 of this
title (relating to Practice and Procedure) and with the Government Code, Chapter
2001, et. seq.. The chairman of the committee or a member designated by the
chairman shall act as presiding officer and may vote as any other member.
(d) In addition to the grounds for disciplinary action provided
in the Act, §23(l), a license of an inspector may be suspended or revoked
by the commission if the inspector:
(1) fails to make good a check issued to the commission within
30 days after the commission had mailed a request for payment by certified
mail to the inspector's last known business address as reflected by the commission's
records;
(2) fails or refuses on demand to produce a document, book
or record in his possession concerning a real estate inspection conducted
by him for examination by the commission or its authorized agent; or
(3) fails within 10 days to provide information requested by
the commission or its authorized agent in the course of an investigation of
a complaint.
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| Source Note: The provisions of this §535.224 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective January 1, 2001, 25 TexReg 11653 |
